E-2 employer Transfer with I-129, if new company is also eligible???

[loicflo]

I have heard that if you already have an E-2 and you are willing to transfer employer ONLY IF :the other company has same nationality having also already applied to E-2 visas.

A lawyer told me that you only needed to apply with an I-129 will all the new documentation of the new firm to INS in TEXAS and that should be OK to work immediatlety in the new firm. And then later on advise the Embassy to get the new visa,

Can you please advise me on this case

thanks

 

[billy__bob]

As far as I understand your case, it is true that you can apply for a new E2 status based on a company's petition when the company satifies all rules around E2. However, as far as I know, you need to wait until the application is approved. Only H1b allows you to work for the new employer after receiving the recipt notice. Please check with your lawyer.

 

[loicflo]

Thanks Billy.

What is the form to complete to the INS in TEXAS, is it the I-129?
How long do think it takes to respond, and for the person changing E-2 to start in the new company?

Do you think it is faster than directly through the embassy?

Thanks again

 

[billy__bob]

In most cases it is much faster to do it through the consulate. I never bothered with filing the paperwork for the change from one employer to the other, and just went back. If your new employer already has E2 status (i.e. they have filed E2 in the past) then it can be done very quickly.